The Carpetbag Decree

The Letter to the Editor of Edward J. Peskie (8/22) and your editorial of 8/23 emphasize the need to change the New York State Election Laws, Rules of Political Parties and Judicial Rulings. The Letter to the Editor had the headline "Make GOP Pay for Excluding McCain" and the editorial headline read "Sleep Where You Serve? and "State Must Tighten Residency Rules for Public Officials."

When the GOP established the rules for their Presidential primary in New York they did it in a way that favored the party's favorite and discouraged challengers. The role mandated a certain number of signatures which favors nobody. They then mandated that each candidate had to secure a certain number of signatures in each of the 31 Congressional districts in the State. That requirement favored the party structures choice. Orrin Hatch, Gary Bauer and Alan Keyes were so discouraged they made no effort to be on the ballot at all Steve Forbes, with his great wealth, was able to hire people throughout the State and he made the ballot throughout the State, but John McCain, the only candidate who had a chance against the party's favorites, could not qualify to be on the ballot throughout the State because he did not have the great wealth that Steve Forbes has.

The reform that is needed is the elimination of the requirement that signatures have to be secured in a particular area of the State. The number of signatures is sufficient, not the address of the signer. Insofar as the editorial is concerned, you are right on target. The focus of residency should be the address he or she shares with his or her spouse and family. Recently, Court decisions have allowed people to run where the candidate does not live or reside. The ruling by the Court thus allows people to run when they are not eligible to vote, to sign a petition or carry a petition. How ludicrous can you get!

I remember a case, years ago, where the candidate was disqualified even though a sufficient number of qualified voters signed the petition even though the candidate was eligible to run on the basis of residency; eligible to sign the petition and eligible to vote. He was ruled ineligible to carry a petition because he did not live in the municipality on the first day that signatures could be obtained on the petition. The 40 signatures he obtained were thrown out, thus leaving him short of the required number. He thus was not allowed on the primary ballot and the incumbents won without a challenge.

Over the course of many years, I have been involved in liability cases based on the election law of N.Y. State and I believe that there are many inequities and vagaries in the law and that it is time for a comprehensive review of the law so that a more democratic and fair way be established for the election of public officials.